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Appellate court upholds life sentence

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Duane Turner will spend the rest of his life in prison for murdering a Ball State student in 1994. The Indiana Court of Appeals rejected his claims that his sentence was unconstitutional and that his attorney was ineffective.

Turner and Larry Newton went to the BSU campus with the intent of robbing someone. They picked up Chris Coyle and offered him a ride home. They demanded money from him, forced him out of the car, and then Newton shot Coyle once in the back of the head. Turner then shot Coyle in the shoulder. He died from the first shot.

Turner was convicted of felony murder and other charges, but only the murder conviction and a conviction of Class A felony attempted robbery resulting in serious bodily injury are at issue on this appeal. The jury was unable to recommend life imprisonment without parole, so the trial court held a sentencing hearing. The judge sentenced Turner to life without parole.

Turner filed a petition for post-conviction relief, challenging his sentence as unconstitutional based on Apprendi v. New Jersey, 530 U.S. 466 (2000), and Ring v. Arizona, 536 U.S. 584 (2002), and alleging that he received ineffective trial and appellate assistance. The same lawyer represented him at both stages.

The post-conviction court denied relief; the Court of Appeals affirmed. It relied on Holmes v. State, 820 N.E.2d 136 (Ind. 2005), in which the Indiana Supreme Court held the verdict returned during the guilt phase sufficed to establish that “the jury found, beyond a reasonable doubt, aggravating circumstances” rendering Holmes eligible for the death penalty. Apprendi’s requirement that “any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt” was met by the nature of Holmes’ convictions, the high court held.

Here, the jury unanimously found Turner guilty of murder and attempted robbery resulting in serious bodily injury. The jury necessarily found the existence of one statutory aggravating circumstance alleged by the state, that Turner intentionally killed Coyle while committing or attempting to commit robbery, Judge Patricia Riley wrote in Duane Turner v. State of Indiana, 18A05-1112-PC-697.

The appellate judges found Turner’s attorney did not provide ineffective assistance at the trial level or appellate level, except for one issue on appeal. They found his attorney ineffective by not appealing his attempted robbery conviction on double jeopardy grounds. The judges remanded with instructions to reduce the conviction to a Class B felony.

 

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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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